Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Amerithrax — Part 13
Page 173
173 / 189
: 3 é Page 25 of 29
proceeded to distinguish Rivamonte On the basis of the
14
strength of the additional evidence offered by the
_ government in that case. As the Henderson court
| concluded: "In the present case, the additional evidence,
. together with the handwriting expert's ‘probable’ testimony,
is not sufficient." 693 F.2d at 1032. Significantly, there is
nothing in the Henderson decision to suggest that the court
viewed the failure of the government to produce evidence
showing that Mr. Henderson possessed the stolen check as
determinative of the sufficiency of the evidence. Rather, the
Henderson court reviewed the proffered evidence in its
entirety and determined that there was insufficient evidence
supplementing the ambiguous handwriting testimony to
permit a reasonable jury to conclude beyond a reasonable
doubt that Mr. Henderson was guilty of the offense of
conviction.1
Notwithstanding the absence of any legal precedent for
its conclusion that ambiguous handwriting evidence
coupled with evidence of possession constitutes sufficient
evidence to affirm a conviction under § 510(a), the
government speciously reasons that Rosario's conviction
5/10/2005
http://vls.law.vill.edu/locator/3d/July1 997/97a1636p.htm
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Reader
Topic
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
investigation
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic